Jonathan O'Brien (Cork North Central, Sinn Fein) | Oireachtas source

I concur with many of the points made by Deputy Niall Collins. If the establishment of an independent policing authority were not imminent, the Bill would certainly deliver an improvement on the current position of having appointments made at Cabinet level by the Minister.

What is being proposed in this Bill is the establishment of a body where nominations would come before 158 Deputies following the next election and then there would be either agreement or not. If there were no agreement, there is another process to follow which is laid out in the Bill. If we were in a situation where there was no intention to establish an independent policing authority, one could certainly say that the Bill is a marked improvement on the current process. However, we are looking at the establishment of an independent policing authority.

It is the view of my part that an independent policing authority is the best way to deal with the issue of appointments of senior gardaí, whether Commissioners or assistant commissioners. We have seen it working successfully in the Six Counties. We have seen it working in Scotland. One only has to look at last week where a new Chief Constable was appointed to the PSNI who received unanimous support across both communities because of the independent and transparent way in which that process is outlined. Deputy Mac Lochlainn will focus more tomorrow evening on the particular thrust of the Bill which is the appointment of the Garda Commissioner and assistant commissioners.

Deputy Ross desires that this could be extended to appointments in other public areas and that would be done by ministerial order if the Minister so approves. That is not the correct way to do it. If we want senior appointments to public bodies to be free from political influence, what is proposed in this Bill will not do that. What Deputy Ross proposes in sections 3 and 4, in terms of possibly extending it to other bodies, would no doubt strengthen public accountability and transparency but the fact that it would still be up to 158 Members of this Chamber to ultimately vote and hire that particular person does not fully remove it from the political process, which is what we need to do.

My party wants to see public sector governance being completely modernised. Everyone is in favour of that. It must be fully transparent. It must be absolutely independent in all aspects of public appointments. Such appointments must be made on the basis of objective merit and qualifications following an open and public process, and it must be made entirely free of public control or interference. What this Bill proposes does not meet those standards.

The way to go is the establishment of a new public appointments commissioner to regulate a fully independent and impartial public appointments process, including not only senior public service positions but also positions in the management of other areas of the State, whether semi-State or public bodies, based on criteria which are agreed and in the public domain. Unfortunately, this Bill is putting the cart before the horse. The Minister has outlined that we will see the establishment of an independent Garda authority which will be fully independent from all political control and which will oversee the appointment of a Garda Commissioner and assistant commissioners. We need to see that sooner rather than later. I note there is a consultation day on Friday and it is the Minister's wish to see that legislation brought forward and established as soon as possible. For those reasons, this Bill is ill-timed and, unfortunately, there are aspects of it which my party considers to be ill-thought-out as well.

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